Problem with a client about copyright release. help please

[orljustin]

inflammatory comment deleted

 

[curtyoungblood]

The most glaring problem is that your contract doesn't state the total amount to be paid. You have a spot to put the down payment, and a place to put a price for extra prints (this REALLY shouldn't be a fill in the blank, but should be a constant price printed on the contract).

Also, you've written this contract with a tone that say you don't trust your client. You make seven points in the text of the contract, and every single one of them restricts the clients right and tells them what they can't do or how they will be punished if they don't behave. Nothing in the contract describes what you will provide and any benefit to the client.

Finally, I don't understand why you're even offering a cd to your clients. If you don't expect them to get prints made from it, then don't offer it to them (unless you make it EXTREMELY clear that it is only for viewing on a computer). And by clear, I mean labeling it as a web cd and having a MASSIVE price difference so your client understand. You also need to know how to make it so the client isn't capable of making a decent print from it.

 

[KmH]

An online photography forum is a poor source for seeking legal advice.

Your profile does not indicate what state your business is in.
Contract law varies somewhat by state, as does model and property release laws.

You really should have an attorney licensed to practice in your state review all your business legal documents and re-write them as need so they are actionable in your state..

 

[robbins.photo]

I am going to give her release just drop this whole thing. It's not worth the hassle. But I do have another question since I have totally changed my contract since I dealt with this person. I would like to know what you all think of it and if im "missing" anything.
Agreement and Consent


Date:____________
I understand that I pay _____ up front and the rest when I meet to get
photographs. If I do not have the money I will not Receive my photographs until
I have the money for them. It take's ___ to ____ days to recieve my photographs
after I have choosen my photographs to be printed. If I haven't selected my
photographs in a month from the photo-shoot Renee's Photography will no
longer be required to keep your photographs and have them printed. The money
that I have paid will be nonrefundable. After I recieved my photographs and
everything is paid for in full the money is nonrefundable. If you buy a package
with a cd it does not mean that it automatically comes with a copyright
release form. It does not come with one unless stated in this agreement.


I herby give my consent for Renee's Photography to post my pictures on
their website for sample pictures. If I should need to get a hold of them for any
reason I can message them online or call at (570) 447-0771.


Photographs are to be taken at ___________ on __________. I have
selected the Package for _____ which consists of a
____ minute session
___ 8x10
___ 5x7
___ 4x6
___ wallets
____ cd.
The shooting will take place at _____________ in ________________. If I should decide
that I want more photographs then what is provided in the special it will be
____ for a 8x10 or (8) wallets.
____ for any extra 4x6 or 5x7.


In the event of an emergency with the photographer or client the shoot will be
rescheduled.




I herby agree with everything stated


_____________________________________________

Wait, theirs a facebook school for starting a photography business?!?! Woohoo! Where do I sign up! Lol

 

[robbins.photo]

The most glaring problem is that your contract doesn't state the total amount to be paid. You have a spot to put the down payment, and a place to put a price for extra prints (this REALLY shouldn't be a fill in the blank, but should be a constant price printed on the contract).

Also, you've written this contract with a tone that say you don't trust your client. You make seven points in the text of the contract, and every single one of them restricts the clients right and tells them what they can't do or how they will be punished if they don't behave. Nothing in the contract describes what you will provide and any benefit to the client.

Finally, I don't understand why you're even offering a cd to your clients. If you don't expect them to get prints made from it, then don't offer it to them (unless you make it EXTREMELY clear that it is only for viewing on a computer). And by clear, I mean labeling it as a web cd and having a MASSIVE price difference so your client understand. You also need to know how to make it so the client isn't capable of making a decent print from it.

Yup. have to agree with everyone else on this one - get a lawyer.

Now, I'm not a lawyer but I did play one on TV. Ok, no, that isn't true. However I did once have a friend who's second cousin twice removed was friends with a guy who knew a guy who's uncle on his mom's side stayed at a holiday inn express.

So no, absolutely not qualified to give advice on contract law. Seriously doubt anyone else here would be either, as the KMH mentioned, laws vary widely from state to state on the subject.

 

[Overread]

By all means ask around online and some research into the legal side of things; you'll be able to walk into the meeting with a real lawyer and ask the right questions as well as clearly state what it is that you're after. You'll save a lot of time (and that means money) doing the research outside and then going in with some idea of what is going on. Your lawyer can then help to clear matters up and formalise and finish off things.

Note a good lawyer is important to have on call - sometimes you'll need specific legal advice or you'll have a difficult client who needs dealing with. So the earlier you find yourself a lawyer the easier you make those processes later on.

 

[Shadowwolf2008]

Where I am at right now I can not afford a lawyer. And I didn't just pick this up. I went to the Art Institute of Pittsburgh for Photography

 

[Steve5D]

If they signed a contract, I'd pretty much tell 'em to go piss up a rope. No one held a gun to their head to make them sign.

Ask them to specifically point out the portion of your contract which is misleading, fraudulent or "false advertising".

If they're unable to do that, you likely have little to worry about...

 

[PhotoWrangler]

Taking you to court is laughable. Your fee was $55... their court costs will be 10x that amount.

 

[PhotoWrangler]

...and raise your rates for crying out loud.

 

[texkam]

And I didn't just pick this up. I went to the Art Institute of Pittsburgh for Photography

Ask for your money back. How does a photography school not cover this kind of basic stuff?

 

[Overread]

And I didn't just pick this up. I went to the Art Institute of Pittsburgh for Photography

Ask for your money back. How does a photography school not cover this kind of basic stuff?

Because if its an art course its not designed to focus on the business side of the craft; but the artistic.

 

[orljustin]

And I didn't just pick this up. I went to the Art Institute of Pittsburgh for Photography

Ask for your money back. How does a photography school not cover this kind of basic stuff?

Because if its an art course its not designed to focus on the business side of the craft; but the artistic.

Then he was ripped off. It should prepare someone to work in the field, which includes business. Maybe he slept through the Business and Marketing classes? Catalog 2013-2014

 

[pixmedic]

one and only warning for this thread. keep it civil with the new member please.

 

[Shadowwolf2008]

one and only warning for this thread. keep it civil with the new member please.

is their a way I can just delete this thread?